Calcutta High Court flags ‘political clout’ in 13-year-old’s murder, orders SIT to take over after ‘half-hearted’ police probe

“Such inchoate and half-hearted investigation goes to the root of the matter and could severely prejudice the cause of justice. It does not at all inspire confidence,” the court said on March 12.

‘Justice must also be seen to be done’

• This court, thus, finds that there were some very serious lacunae in the investigation made thus far and the issues could have been delved into by the investigating agency better and deeper in a case of such gruesome nature, that too with allegations of political clout of the family of the accused.
• Added to this, is the issue of alleged political influence of the accused.
• In such circumstances, it was incumbent upon the investigating agency to have gone all out to find out all the evidence available and not leave out important leads or aspects.
• After all, justice must not only be done, but must also be seen to be done

Probe marred by multiple lapses: Court

• After examining the case diary and submissions, the high court identified several serious shortcomings in the investigation.
• Among the lapses highlighted were the failure to recover the victim’s mobile phone, which could contain crucial evidence.
• Failure to identify the precise place of occurrence.
• Inadequate scrutiny of call detail records (CDR) and tower location data.
• Lack of proper inquiry into the two phone numbers mentioned in the chargesheet.
• Allegations that the main accused was shown as a minor without proper medical verification.
• The court also noted that although tower dumping technology might not always provide precise location details, it could still offer valuable investigative leads and should not have been ignored.
• “Merely because tower dumping technology may not be meter or yard specific… it does not mean that the same need not be taken recourse of,” the court observed.

SIT directed to probe further

• Given the seriousness of the allegations and the gaps in the probe, the court held that a fresh investigation was necessary to ensure that the truth is uncovered.
• It therefore ordered the formation of a five-member SIT from the state police, headed by IPS officer Dr Pranav Kumar.
• The SIT has been directed to examine all relevant evidence and investigative leads.
• Submit further reports before the trial court at the earliest.
• The trial court has been asked to resume the trial after receiving the SIT’s final report, including making necessary changes to charges if required.

Child went missing in January 2024

• According to the court’s records, the petitioner’s 13-year-old daughter went missing on January 22, 2024, at around 8 pm from the Hariharpara area of Murshidabad district. Despite frantic efforts by her family and neighbours to locate her, she could not be traced.
• Two days later, on January 24, 2024, her mother lodged a written complaint at Hariharpara Police Station, upon which a missing case was registered under sections 363 (kidnapping) and 365 (kidnapping or abducting with intent secretly and wrongfully to confine person) of the Indian Penal Code (IPC)
• The case took a tragic turn on January 27, 2024, when the minor girl’s body was discovered in a field in a decomposed condition with severe injuries. Her mobile phone was also missing.
• Following the discovery, police registered a fresh First Information Report (FIR) under sections 363 (kidnapping), 302 (murder) and 34 (common intention) of the IPC, later invoking provisions of the Protection of Children from Sexual Offences (POCSO) Act.
• The first post-mortem examination conducted at Murshidabad Medical College and Hospital found that the death was caused by ante-mortem strangulation and was homicidal in nature.

High court earlier ordered second post-mortem

• Dissatisfied with the initial post-mortem findings, the victim’s mother approached the high court in February 2024, alleging that several injuries had not been properly recorded.
• Taking note of these concerns, the high court ordered exhumation of the body and a second post-mortem examination at Seth Sukhlal Karnani Memorial (SSKM) Hospital in Kolkata.
• The second examination, conducted on February 17, 2024, reaffirmed that the death was caused by ante-mortem strangulation and was homicidal.
• During the earlier proceedings, the court had also directed the police to add relevant provisions of the POCSO Act, noting that such charges had initially not been included despite indications of sexual assault.

Chargesheet filed but probe questioned

• Following the investigation, police filed a chargesheet on April 5, 2024, against the principal accused and others under sections 363, 302 (murder) and 34 (common intention) of the IPC along with sections 4 and 6 of the POCSO Act.
• The prosecution proposed examining dozens of witnesses and also filed supplementary chargesheets in the following months as forensic reports and call detail records were obtained.
• However, the victim’s mother contended that the investigation was negligent, biased and influenced by political connections, and therefore sought a reinvestigation by the Central Bureau of Investigation (CBI).
• She alleged that the accused and their associates continuously pressured her family and even attempted to coerce her into withdrawing the case through threats and monetary inducements.

Allegations of political influence

• A central allegation raised by the petitioner was that the father of the principal accused was a local political functionary and booth-level leader of the ruling party, who had close ties with influential political figures in the district.
• According to the petitioner, because of this political influence, the accused’s father was not arrested initially, despite suspicion.
• Politically connected individuals named in the Section 164 (recording of confessions, statements) of the Criminal Procedure Code (CrPC) statement were not investigated.
• The police failed to thoroughly analyse call records and tower locations.
• The investigation appeared to shield certain influential persons
• The petitioner also alleged that the local MLA had been present during the post-mortem examination, an unusual circumstance that she said indicated interference in the investigation.